HOUSTON – Elevator breakdowns have been plaguing apartment communities across the Houston area, preventing some residents from receiving healthcare and running necessary errands.
This guide will explain laws regarding elevators in housing and how you and your loved ones can take action.
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File a Complaint & Recruit a Third Party
Tenants can file a complaint with the U.S. Department of Housing and Urban Development.
Tenants also have the option to file a lawsuit as long as it is within two years from the date of discrimination.
While there are no official guidelines on taking an elevator case to court, Casey Flancbaum, the advocate supervisor for Disability Rights Texas’s housing and transportation rights team, suggests hiring a lawyer immediately if you’re overwhelmed easily.
Ask for Accommodations
According Flancbaum and her team, tenants can ask for reasonable accommodations if their elevator is down.
Requesting expedited maintenance or to be temporarily relocated to the first floor fall under the umbrella of reasonable accommodations.
Terminate Your Lease
If all else fails, tenants can request to leave the property and terminate the lease without facing penalties or fees by claiming the faulty elevator as a disability-related reasons.
Laws Regarding Elevators in Housing
The Fair Housing Act states that multifamily dwellings built after 1991 with four or more units must have at least one elevator; however, the act also has provisions that give landlords time to fix faulty equipment. Moreover, the Texas Property Code also says tenants must give landlords a “reasonable” amount of time for repairs.
State Senator Carol Alvarado (D-Houston) spearheaded Senate Bill 1802, which would force landlords to face consequences for failing to maintain and fix mobility devices such as elevators. While the bill was passed by the Texas Senate, it did not pass in the Texas House of Representatives before the end of the latest legislative session.